U.S.

Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Office of the Director
Washington, DC 20226

August 1, 2016
18 U.S.C. 845: EXCEPTIONS
18 U.S.C. 921: DESTRUCTIVE DEVICE DEFINITION
18 U.S.C. 923: IDENTIFICATION OF FIREARMS
26 U.S.C. 5842: IDENTIFICATION OF FIREARMS
26 U.S.C. 5845: DESTRUCTIVE DEVICE DEFINITION
27 CFR 478.22: ALTERNATE METHODS OR PROCEDURES
27 CFR 478.92: FIREARMS IDENTIFICATION
27 CFR 479.26: ALTERNATE METHODS OR PROCEDURES
27 CFR 479.102: FIREARMS IDENTIFICATION
27 CFR 555.109: IDENTIFICATION OF EXPLOSIVE MATERIALS
27 CFR 555.141: EXEMPTIONS

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) authorizes an alternate method
or procedure to the firearms marking requirements contained in title 27, Code of Federal
Regulations (CFR), sections 478.92 and 479.102. Specifically, ATF authorizes licensed
manufacturers of certain destructive device munitions that are manufactured for and transferred
to the U.S. Government (USG) to mark these destructive device munitions with sequential lot
numbers, provided conditions set forth in this ruling are met.
ATF Rul. 2016-5
Federal firearms licensees (FFLs), licensed under the Gun Control Act of 1968 (GCA) as
manufacturers (type-10) and who pay a special occupational tax (unless exempt) under the
National Firearms Act (NFA), are permitted to manufacture destructive devices under Federal
law. These destructive devices are usually sold to the USG and include destructive device
munitions such as explosive or incendiary bombs, grenades, mines and other explosive,
incendiary or poison gas weapons as defined in the GCA, 18 U.S.C. 921(a)(4)(A), and the NFA,
26 U.S.C. 5845(f)(1). Type 10 FFLs have recently inquired about marking variances for these
destructive device munitions manufactured as part of a valid USG contract. The FFLs point out
that government contracts require specific markings, and that these markings may conflict with
those required by the GCA and NFA. Further, FFLs note that applying for and awaiting
approval of variances creates difficulties in fulfilling contracts in a timely manner.

2
Destructive devices are firearms under the GCA and NFA and, therefore, must be marked in
accordance with each statute. The GCA provides, in part, that licensed manufacturers shall
identify, by means of a serial number engraved or cast on the receiver or frame of the weapon, in
such manner as the Attorney General shall by regulations prescribe, each firearm imported or
manufactured by such importer or manufacturer. 18 U.S.C. 923(i). Similarly, the NFA requires
that firearms classified as a destructive device shall be identified in such manner as the
regulations prescribe. 26 U.S.C. 5842.
The GCA regulation at 27 CFR 478.92 requires a licensed manufacturer to identify firearms by
engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be
engraved, cast, stamped (impressed) or placed on the frame or receiver thereof an individual
serial number and other identifying information. Specifically, the regulation requires that for
firearms manufactured or imported on and after January 30, 2002, the engraving, casting, or
stamping (impressing) of the serial number must be to a minimum depth of .003 inch and in a
print size no smaller than 116 inch. The same requirements appear in the regulations
implementing the NFA. See 27 CFR 479.102. Further, in the case of a destructive device, the
Director may authorize other means of identifying that weapon upon receipt of a letter
applicationshowing that engraving, casting or stamping (impressing) such a weapon would be
dangerous or impracticable. 27 CFR 478.92 and 479.102. In each case, ATF may permit an
alternate means of marking the destructive device munitions.
Similarly, the regulations implementing marking requirements under the Federal explosives
laws, 27 CFR 555.109, require that explosive materials, whether manufactured in the United
States or imported, must contain certain marks of identification. Licensed manufacturers who
manufacture explosive materials for sale or distribution must place certain markings on explosive
materials at the time of manufacture, including the name of the manufacturer and the location,
date, and shift of manufacture, if applicable. However, the law at 18 U.S.C. 845(a)(6) and the
implementing regulation at 27 CFR 555.141(a)(5) exempt explosive materials manufactured on
behalf of the USG. Therefore, explosive munitions, which include some destructive device
munitions, manufactured under a U.S. Department of Defense (DOD) contract or other USG
contract are exempt from the marking requirements at 27 CFR 555.109. In these cases,
manufacturers need not apply for, and ATF need not approve, a marking variance for the
explosive munitions.
Pursuant to sections 478.92 and 479.102, the ATF Director may approve an alternate means of
identifying destructive devices if the manufacturer shows that the prescribed methods would be
dangerous or impracticable. In addition, the regulations at 27 CFR 478.22 and 479.26, provide
that the ATF Director may approve an alternate method or procedure in lieu of a method or
procedure specifically prescribed in the regulations when he or she finds that: (1) good cause is
shown for the use of the alternate method or procedure; (2) the alternate method or procedure is
within the purpose of, and consistent with the effect intended by, the specifically prescribed
method or procedure and that the alternate method or procedure is substantially equivalent to that
specifically prescribed method or procedure; and (3) the alternate method or procedure will not
be contrary to any provision of law and will not result in an increase in cost to the Government
or hinder the effective administration of 27 CFR part 478 or 479.

3
ATF recognizes that the current process to request a marking variance for destructive device
munitions can be time consuming to both the industry and to ATF. ATF also understands that
the nature of defense contracting, including USG marking requirements for government firearms
and ammunition, compounds the difficulties. Implementation of an alternate method for marking
destructive devices will solve many of the difficulties posed by this process, will lower
administrative costs, and will not have a negative impact on public safety or security.
Therefore, ATF finds that marking destructive devices defined in 18 U.S.C. 921(a)(4)(A) and 27
U.S.C. 5845(f)(1) is impracticable under USG contracts and there is good cause to authorize a
variance from the marking requirements for these destructive device munitions when FFLs
manufacture destructive device munitions for the USG. ATF also finds that, provided certain
conditions are met, the alternate method set forth in this ruling is reasonable and is within the
purpose of and consistent with the provisions of 27 CFR 478.92 and 479.102. Further, this
alternate method is not contrary to any provision of law, will not increase costs to ATF, and will
not hinder the effective administration of the regulations.
Held, ATF authorizes an alternate method or procedure to the marking requirements of 27
CFR 478.92 and 479.102, pursuant to the authority in those sections, and in 27 CFR 478.22 and
479.26. Specifically, ATF authorizes licensed manufacturers of certain destructive device
munitions for the USG to mark these destructive device munitions with sequential lot numbers,
provided all of the following conditions are met:
1.

The certain destructive device munitions include only explosive, incendiary, or

poison gas, bombs, grenades, rockets having a propellant charge of more than 4
ounces, missiles having an explosive or incendiary charge of more than one-quarter
ounce, or mines.

2.

The destructive device munitions are being manufactured to fulfill a current USG
contract.

3.

The licensed manufacturer is currently a party to that existing USG contract.

4.

The alternate markings comply with the requirements of the existing USG contract
including:
a. Lot number sequences comply with MIL-STD-130 (marking and identification of
government property) and MIL-STD-1168C; and
b. lot numbers are comprised of only Roman letters and Arabic numerals, or solely
Arabic numerals (cannot contain special characters other than a hyphen); and
c. only one lot number is used for each production run unless the contract specifies
otherwise.

5.

The markings shall be:

a. Applied with permanent ink or paint utilizing stenciling and/or stamping
techniques per current USG or DOD standard; and

4
b. placed on labels that are permanently affixed when labels are utilized.
6.

If the destructive device is enclosed/covered by a container, the outermost container

must be marked as set out above.

7.

Prior to engaging in the manufacturing process, the licensed manufacturer must

submit to ATF the manufacturers name, address, and license number; the contract
number of the existing USG contract under which the destructive device munitions
will be manufactured; and the sequential lot numbers that will be used for the
destructive device munitions manufactured under the USG contract.

8.

The licensed manufacturer must maintain copies of its submission to ATF of the
information required by this ruling with its permanent records of manufacture. The
licensed manufacturer must retain proof of its submission to ATF (e.g., certified
return receipt mail or tracking number). This proof of submission should show that
it was sent to ATFs National Tracing Center, or any other office that ATF may
designate as the proper recipient of such information. Additionally, the
manufacturer must allow ATF representatives to inspect such documents upon
request at any time during business hours without a warrant.

Held further, if all conditions in this ruling are met, licensed manufacturers are not
required to submit marking variances to alternately mark said destructive device munitions that
are intended for the USG.
Held further, if the licensee fails to abide by the conditions of this ruling, uses any
procedure that hinders the effective administration of the Federal firearms laws or regulations, or
any legal or administrative difficulties arise due to the use of the alternate marking procedures
outlined in this ruling, the licensee is no longer authorized to mark firearms as permitted by this
ruling.
This ruling applies only to those destructive device munitions that are produced under contract
with and transferred to the agency listed on the USG contract.
Licensees are reminded of their responsibility to ensure accuracy and completeness of all
required records when utilizing this alternate method. Manufacturers still must abide by all other
provisions relating to the manufacture, transfer, and possession of NFA firearms and explosives.

Date Approved: August 1, 2016

Thomas E. Brandon
Deputy Director